DESERTION. .\ s applied to marital rela the of one of the married parties from the other. or the v.11 mita ry refusal of one to renew a suspended cohabitation without just itieat ion either in the nomeonsent of the other party or the Wrongful conduct of that party. In most of the gates in this country desertion. when willful and zfeeompanied by lack. of support on the part of the husband. is made by law a cause of di vorce. The statutes of the several States (feline what may be considered desertion in caeli. and usually declare the length of time after NN de,ort ion w ill be gketned a good valise for divorce. This time varies from one year to five. It has heed ruled that the intentional abandoning for the statutory period by a husband of the matri monial companionship and intereonr•e ‘‘ould suffice to Lase a petition for divorce upon. even though during that time lie had regularly con tributed toward the support of the wife. A dis t ion must be made between desertion and mere absence: the former word always implies the non-assent of the person left and the viola tion by the deserter of somt• legal or moral duty.
In eases 44 simple absence from the State the common law presumes the death of the person after the lapse of seven years. and in some States a shorter period than this is fixed by statute. Such absence may. like desertion, usually be nia414• a ground for suit for divorce: but if the full period of absence has elapsed, a second »nu ringe ouhl not, under any •iremnstalices, be made the of a proseelit ion for bigamy. In England under the present law the wife may demand a decree of judicial separat hm, convict] with an order for alimony. on account of willful deser• that by the husband for two years %Nit limit cause.
Consult the authorities referred to under lit's ti.vxri AND WIFE. See ABANDONMENT: CollAtaTi, TioN: l'oN.It tSAu. 1:14.wrs: DINomi:: Ill snANn .tau